Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H115 Introduced / Bill

Filed 02/16/2023

                    1 of 1
HOUSE DOCKET, NO. 583       FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 115
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Steven Owens
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to facilitate labor peace among the cannabis workforce.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/10/2023Lydia EdwardsThird Suffolk1/20/2023James K. Hawkins2nd Bristol1/27/2023Lindsay N. Sabadosa1st Hampshire2/1/2023Patricia A. Duffy5th Hampden2/2/2023James B. EldridgeMiddlesex and Worcester2/10/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/13/2023 1 of 3
HOUSE DOCKET, NO. 583       FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 115
By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 115) of 
Steven Owens and others for legislation to facilitate labor agreements among the cannabis 
workforce. Cannabis Policy.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to facilitate labor peace among the cannabis workforce.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 1 of chapter 94G of the General Laws, as appearing in the 2018 
2Official Edition, is hereby amended by inserting the following 2 definitions:-
3 "Labor peace agreement", an agreement between a cannabis establishment and a bona 
4fide labor organization that protects the parties' interests by, at minimum, allowing union agents 
5to inform and communicate with cannabis employees about their labor rights including, but not 
6limited to, the right to form a union without interference from the employer in exchange for 
7prohibiting the labor organization from engaging in picketing, work stoppages or boycotts 
8against the cannabis establishment. 
9 “Labor Organization” means a bona fide labor organization of any kind, including an 
10employee representation committee, group, or association, in which employees participate and 
11which exists and is constituted for the purpose, in whole or in part, of collective bargaining or 
12otherwise dealing with compassion center or safety compliance facility employers concerning  2 of 3
13grievances, labor disputes, terms or conditions of employment, including wages and rates of pay, 
14or other mutual aid or protection in connection with employment, and may be characterized by 
15the following: 
16 (1) Being a party to 1 or more executed collective bargaining agreements with medical or 
17personal use marijuana employers, in this State or another state. 
18 (2) Having a written constitution or bylaws in the 3 immediately preceding years. 
19 (3) Filing the annual financial report required of labor organizations under subsection (b) 
20of 29 U.S.C. § 431 or having at least 1 audited financial report in the 3 immediately preceding 
21years. 
22 (4) Being affiliated with any regional or national association of unions, including state 
23and federal labor councils. 
24 (5) Being a member of a national labor organization that has at least 500 general 
25members in a majority of the 50 states of the United States.
26 SECTION 2. Subsection (b) of section 5 of said chapter 94G, as so appearing, is hereby 
27amended by inserting the following paragraph:-
28 (5) the prospective marijuana establishment has submitted an attestation that the applicant 
29shall not interfere with union agents informing and communicating with cannabis employees 
30about their labor rights including, but not limited to, the right to form a union without 
31interference from the employer; provided however, that this requirement may be satisfied by the 
32submission of an attestation, signed by both the applicant and a labor organization, stating that 
33the applicant has entered into, and will maintain and abide by the terms of, a labor peace  3 of 3
34agreement. A violation of a labor peace agreement or a failure to submit an attestation may result 
35in suspension, revocation, or denial of such license.
36 SECTION 3. Subsection (b) of section 6 of said chapter 94G, as so appearing, is hereby 
37amended by adding the following paragraph:- 
38 As part of a marijuana establishment’s renewal application, a marijuana establishment 
39shall submit an attestation stating that the marijuana establishment has not interfered, and will 
40not interfere, with its employees’ ability to form and maintain a union, including the ability for 
41union agents to inform and communicate with employees about their labor rights including, but 
42not limited to, the right to form a union without interference from the employer; provided 
43however, that this requirement may be satisfied by the submission of an attestation signed by the 
44license holder and a labor organization stating that the license holder has entered into, 
45maintained, and abided by the terms of a labor peace agreement. A violation of a labor peace 
46agreement or a failure to submit an attestation may result in the denial of the renewal of a 
47license.